Wisconsin Drug And Drug Testing Laws

The State of Wisconsin is still adamant in legalizing marijuana for whatever purposes. The state, however, has slackened its rule on CBD oil in 2014, though the state still has imposed tight controls on the legal use of CBD.

Medical Marijuana Laws of Wisconsin

The year 2014 saw the passing of the Wisconsin Act 267 which was named the Lydia’s Law with a senate vote of 33 to 4. It was enacted on April 16 of the same year. However, the bill has an inclusive phrase that says CBD oil must have the approval of FDA. Hence, without FDA approval, physicians in Wisconsin could not prescribe CBD oil. During 2015, there was a proposal to amend the law, removing the penalties on the possession of CBD oil, and dropping the requirement clause on the need for prescriptions.

The amendment, however, still did not grant a provision on how to obtain CBD oil legally within the state. On the 8th of February 2017, Wisconsin Senate passed the Bill 10 that allowed qualifying patients to possess cannabidiol (CBD Oil). This amendment to the Lydia’s Bill allowed the possession of CBD oil under doctor’s prescription for medical use. The Wisconsin Assembly then passed the Assembly Bill 249. Governor Scott Walker on the hand relayed his support for the bill which was called the Wisconsin Act 4.

Drug Possession Laws of Wisconsin

Since it is still illegal to use marijuana for whatever purpose within the state, saved for the use of Cannabidiol (CBD oil) for medical purpose, you would surely find yourself charged with an offense if you would tinker with marijuana within the state. Here are some of the punishments and penalties concomitant with being caught using marijuana:

For any amount of marijuana (first offense), you will be charged with misdemeanor, up to six months of imprisonment, and maximum fine of $1,000. For succeeding offense, you will be charged with felony, and 3.5 years of imprisonment, and maximum fine of $10,000.

The sale, delivery, and cultivation of marijuana also have concomitant penalties and punishments, such as the following:

For selling 200 g or less, or for planting 4 plants or fewer, you will be charged with felony, 3.5 years of imprisonment, and up to $10,000 maximum fine.

For 200 g to 1,000 g, or for planting 4 to 20 plants of marijuana, you will be charged with felony, 6 years of imprisonment, and maximum fine of $10,000.

For selling 1,000 g to 2,500 g, or for planting 20 to 50 plants, you will be charged with felony, up to 10 years of imprisonment, and maximum fine of $25,000.

For selling 2,500 to 10,000 g or for planting 50 to 200 plants, you will be charged with 12.5 years of imprisonment, and maximum fine of $25,000.

For more than 10,000 g or planting more than 200 plants, you will be charged with felony, 15 years of imprisonment, and maximum fine of $50,000.

Can Employers Require their Employees and Applicants to Undergo Drug Tests?

At present, Wisconsin does not have laws that prohibit drug testing in the workplace; hence, employers still have the freedom to screen their applicants and require their employees to undergo drug testing, provided they comply with the following statutory requirements on drug testing.

The state requires applicants and employees to undergo drug tests if they are applying for safety-sensitive positions.

Moreover, if there is a reasonable suspicion on the use of drug by an employee, employers can require drug tests on the said employee.

Employers may also require employees to undergo drug tests if there was an accident that resulted into damage of properties, injury, and death within the workplace.

Drug testing on applicants should follow the statutory conditions such as those of making applicants aware of the federal and state rules and the drug testing policy of employers in written form.

The applicants must be informed that the drug screening process is part and parcel of the employment process.

Employers can require their applicants who already have conditional job offers to undergo drug tests.

As of June 2007, Wisconsin employees who do not want to undergo the mandatory drug tests may be eventually removed from their employment, especially if the jobs are covered by the Federal Omnibus Transportation Employee Act.

George Hill

Hi! I'm George, a member of THC Detox team. I has practiced as a criminal defense expert for more than 10 years and helped hundreds of lawyers develop defense strategies to help their drug clients go free.